Нотлох баримтын эрх зүй хичээлийн "Syllabus"

B723 EVIDENCE -- SYLLABUS

Prof. Tanford FALL 2008

last updated: Sept. 3, 2008To go to class home page, click here .
Notes:1) The syllabus is the same for both the in-class students and the web-class students.2) The links to the electronic classes will not be activated until after the live class has met.3) Everything beyond the warning "syllabus not reliable beyond this point" is subject to change, so don't work too far ahead.

1. Thursday, August 28. Introduction (1 hr)Text: 1-12 Everyone meets in room 121, including those taking the e-courseIf you did not attend the first class in person, click here .

2. Thursday-Friday, August 28-29. Basic RelevancyRules 401-402-403 Text 43-63Outline of key concepts.Problems 3-4, 3-6, 3-2, 3-7, 3-8, 3-9, 3-14No homework.To start web class, click here

3. Thursday, September 4. Rule 403 (Prejudicial effect) (1 hr)Rule 403 againText: 65-86Outline of key concepts. Problems 4-5, 4-6, 4-9, 4-11No homework.Movie: "Big Daddy" (Adam Sandler, 1999)To start web class, click here .

4. Thursday-Friday, September 4-5. Making and Meeting Objections (revisiting some Rule 403 problems)Rule 103Text: 29-42Problems: 2-1, 2-3No homework.Movie: "Duck Soup" (Marx Bros., 1933)Additional required reading: The Ethics of Evidence . To start the web class, click here .

5-6. Thursday-Friday, September 11-12. Character evidenceProf. Tanford will be out of town, so the in-class students should take these classes electronically. There will not be a live make-up class.. Rules 404 , 405Text: 87-168 Note: Read 87-120 closely. We will focus on these materials.We will not cover the materials on 120-135 in class, but you should know the rules on sexual character because they frequently show up on bar exams.The materials on impeachment at 135-59 may be skimmed because we will cover impeachment in detail later in the semester. However, don't skip them entirely because you have to understand the difference between character evidence and impeachment evidence. Read 159-169. This is a good review and summary.Outline of key conceptsProblems for class: 5-3, 5-8, 5-10, 5-18, 5-20Sexual character problems for self-study: 19-13, 19-14 (p. 852), answers at p. 864.Homework: Write out objections to Prob 5-8, part1 and Prob 5-10, part 1. Email them to me if you take the electronic class, or bring them with you if you attend the makeup class.Movies: "From the Hip" (Judd Nelson, 1987); "Bananas" (Woody Allen, 1971)
To start the first web class, click here . To start the second web class, click here .

7. Thursday, September 18. Other crimes and specific bad acts, Rule 404(b)Prof. Tanford will be out of town today. In-class students should either attend a make-up class Friday at 8:30 in room 121 (recommended) or take the class electronically.Rule 404(b)Text: 170-194, 201-16Outline of key concepts.Problems 5-66, 5-70, 5-71Review transcript of trial in the movie Adams Rib. Be prepared in class to make and respond to objections based on Rules 401-405. Movie: "Adam's Rib" (Katharine Hepburn, Spencer Tracy, 1949)Homework. If the evidence in Problems 5-66 and 5-70 is objected to as character evidence, write out your responses.To start web class, click here .

8. Friday, September 19. Rule 404(b) review; Habit & CustomRule 406Text: 194-198Outline of key concepts.Problems 5-81, 5-79, 5-80Homework: In Problem 5-81, if the defense objected to the evidence that he drank a shot of Chivas every day as inadmissible character evidence, write out the response that the prosecutor should make.To start web class, click here .

9. Thursday, September 25. Rules 407-411, excluding relevant evidence for policy reasons Rules 407 , 408, 409 , 410 , 411Text: 217-261 Outline of key concepts.Problems 6-2, 6-1, 6-16, 6-10, 6-14Homework a) Problem 6-2: If you represented both defendants, write out the objection you would make. b) Problem 6-16. If the evidence is objected to as violating Rule 408, write out the response Alice's lawyer should make.To start the web class, click here .

10. Friday, September 26. Competency & personal knowledge Rules 601 , 602, 603 , 605 , 606Text: 263-276. We will devote most time to the personal knowledge rule, 270-71)Outline of key concepts. Problems 7-1, 7-2, 7-4, 7-5, and many more personal knowledge rule hypotheticals in class. Homework: Problem 7-2. Write a response to an objection that Archie is not competent to testify. Movies: "Disorder in the Court" (3 Stooges, 1939); "Big Daddy" (Adam Sandler, 1999); "Caine Mutiny" (Humphrey Bogart, 1959).To start the web class, click here .

11. Thursday, Oct. 2. Personal Knowledge and Lay Witness OpinionsReview Rule 602Rule 701Text: 307-318Outline of key concepts.Problem: 8-6Homework: a) In problem 8-6, if the defense objects to the plaintiff's first opinion (speed of the car) on the grounds that this testimony violates the opinion rule, write out the plaintiff's response.b) Also in problem 8-6, if the defense objects to the plaintiff's opinion that the pilot smelled like he had been drinking on the grounds that this testimony violates the opinion rule, write out the plaintiff's response.Movie: "A Few Good Men" (Tom Cruise, Demi Moore, 1992).To start web class, click here .

12. Friday, Oct. 3Review: relevance, making and meeting objections, personal knowledge and opinions.

13. Thurs., October 9. The Hearsay Rule Rule 801(a)-(d)(1) ; 805Text: read 393-432, 473-493. The readings are not as long as they appear, because much of the text comprises unassigned problems which you do not have to read. Be sure to read the Examples, however. Outline of key concepts.A hearsay hypothetical (we will go through this at the beginning of class)Problems 10-6, 10-11, 10-12, 10-36, 10-37, 10-17, 10-22, 10-24, 10-41, 11-7, 11-22, 11-9, 11-28Homework: Problem 10-22. Write out two alternative responses to the defendant's hearsay objection.To start web class, click here .

14. Friday October 10. Admissions of party-opponent.Rule 801(d)(2)Text: Skim 511-534, read closely 561-597. Outline of key concepts.Problems: 13-1, 13-8, 13-10, 13-14, 13-17, 13-26Homework: Problem 13-17. If items 4, 5, and 6 were objected to as hearsay, write out your argument in response why they are admissible.To start web class, click here .

15. Thursday-Friday, Oct. 16-17. Rule 803 Exceptions for spontaneous statementsRules 803(1)-(4)Text: 599-627. Read the Hillmon case on 660-663 because it's a "famous" evidence case, but don't expect it to make senseOutline of key concepts.For additional materials on "state of mind," click here . Problems 14-2, 14-3, 14-8, 14-14, 14-19Don't panic - if there's no homework assignment posted, then there's no homeworkTo start the web class, click here .
* * * FALL BREAK * * * Syllabus not reliable beyond this point

16. Thursday, October 30. Rule 803 Exceptions for written recordsRules 803(5)-(16)Text: 631-657. Read Palmer v. Hoffman on 671-73. Outline of key concepts.Problems 14-33, 14-34, 14-37, 14-42, 14-43, 14-44, review problem 14-E.To start the web class, click here .

17. Friday, Oct. 31. Rule 804 Exceptions for Unavailable Declarants (class will extend into next Thursday)Rule 804Text: 679-716Outline of key concepts.Problems 15-1, 15-3, 15-4, 15-8, 15-10, 15-14, 15-20, 15-22Homework: In problem 15-1, if Dana tried to use Jeff's deposition as evidence, write out an argument that she has not established Jeff's unavailability. In problem 15-14, write out the argument why this does not qualify as a dying declaration.To start web class, click here .
*Not covered on class but you are responsible for the material on the exam -- the "Residual" exceptionRule 807Text: 716-720

18. Thursday, Nov. 6. Hearsay and the Confrontation Clause. Text: 432-440, 446-472State v. Wright An analytical outline of Crawford, by Prof. Clifford Fishman.To start web class, click here .
*Optional hearsay review exercises (highly recommended). To begin, click here .

21. Monday, October 29. Exhibits Text 797-816Rules 901 , 902 , 1001 et seq . Outline of key concepts.Problems 19-2, 19-4, 19-8, 19-9Homework: Make an argument for or against (you pick) admissibility of the cassette tape in Problem 19-4. In Problem 19-8, if the plaintiff objects to the admissibility of a duplicate receipt as violating the original document rule, write out the defendant's response.To start web class, click here .

22. Tuesday-Wednesday, October 30-31. Form of questions and answers Rule 611Text: 260-66Outline of key concepts.Problems 7-10, 7-11Homework. Problem 7-11. Write out objections the defense could make to the first 3 questions by plaintiff's attorneyStar Trek episode: "Court Martial"To start web class, click here .

23. Monday, November 5. Refreshing Memory Rules 612 , 803(5)Text: 279Outline of key concepts.Problem 7-25, 14-28, 14-29Homework: Problem 14-29. If the prosecutor offered the tissue into evidence and the defense objected on hearsay grounds, what is the response? To start the web class, click here.

24. Tuesday-Wednesday, November 6-7. Impeachment Rules 607 , 608 , 609 , 610 , 611Text: Review 135-59. Read 267-289Outline of key concepts. Problems 7-14, 7-17, 7-18, 7-21, 7-22, 7-23, 11-17 p. 439 Homework: Prob. 7-14. If each of the first four questions were objected to as irrelevant, what responses should the plaintiff's attorney make? Movie: "Knock on Any Door" (Humphrey Bogart, 1949) To start the web class, click here

25. Monday-Wednesday, November 12-14. Expert Witness Opinions Rule 702 , 703 , 704 , 705 , 706Text: Do not read the expert witness chapter in the book unless you are a masochist or particularly interested in the history and philosophy of science. It is incomprehensible and has strangely little to do with expert testimony and opinions. Instead, read the Daubert case, this supplement from the Indiana Trial Evidence Manual, and Lee v. Martinez (admissibility of polygraph results).Outline of key concepts.Problems 9-27, 9-28, 9-31, 9-25 Testimony of Mona Lisa Vito in 'My Cousin Vinny," and Dr. Thompson in "The Verdict."To start first web class click here To start second web class, click here .

26. Monday, November 19. Judicial Notice & PresumptionsRule 201 301Text: 721-762Outline of key concepts.Problems 17-19, 17-21, 17-23, 17-25, 17-ATo start web class, click here.

27. Tuesday, November 20. Issue spottingMovie: Anatomy of a MurderFor e-students, the full transcript will be posted here . Lines are numbered so you will be able to email me with questions about particular evidence if you are unsure whether it is objectionable.

28. Monday-Tuesday, November 26-27. PrivilegeRule 501New Rule 502 . $20 prize to the person who can explain what on earth this rule means in 30 words or less.Text: 763-795Outline of key concepts.Problems 18-3, 18-5, 18-8To start the web class, click here .

29. Wednesday, November 28. Course evaluations & Exam preparationAll students should attend these classes in person, including those taking the e-course. Course evaluations from the students in the e-course are especially valuable. The class will also review the exam format and how to prepare for it.Additional material: Practice Exam Exam tips Answers to practice exam